Civil suit before a court of law
truman
(Querist) 09 June 2012
This query is : Resolved
'A' has preferred a civil suit for cancellation of a registered sale deed against 'B'and 'C'for non payment of consideration.
Before which he lodged a complaint before the District registrar also for the same relief.
The inquiry for the complaint lodged before the Dist.Registrar is posted now and the hearing of the civil suit is on the first week of July.
The Question is:
1."whether the submission before the Dist.registrar will make the issue subjudice?"
2. Should he inform the DR that a case is pending before the Sub-court and ask for adjournment?
Please advice.
sanjeev murthy desai
(Expert) 09 June 2012
District Registrar does not have jurisdiction entertain such compliant. Hence that complaint should be dismiss accordingly. However civil suit is competent authority to decide everything.
Devajyoti Barman
(Expert) 09 June 2012
I am not sure whether the Registrar in your state has got any adjudicating authority or not.In WB it does not have any.
Only the competent civil court has jurisdiction to try this dispute. So concentrate in the civil suit.
adv. rajeev ( rajoo )
(Expert) 09 June 2012
Sub registrar is not the competative authority, civil court is the copetent to decide and civil court orders binding on all. The cse pending before the sub registrar is not maintainable.
R.K Nanda
(Expert) 09 June 2012
Agree with experts.
ajay sethi
(Expert) 09 June 2012
mention before registrar that case is sub judice before civil court .
truman
(Querist) 11 June 2012
Thank you sirs,I will inform the district registrar that the case is sub judice.
Shonee Kapoor
(Expert) 19 June 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 19 December 2013
Agree with experts.
